Crop Production Services Inc. v. CLS Farms, LLC et al

Filing 14

DEFAULT JUDGMENT in favor of Crop Production Services Inc. against Lynn Simmons in the amount of $113,366.15, denying as moot 8 MOTION for Default Judgment as to Chris Simmons; Lynn Simmons filed by Crop Production Services Inc., and granting 11 MOTION for Default Judgment as to Lynn Simmons filed by Crop Production Services Inc... Signed by Honorable Robert T. Dawson on October 29, 2014. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION CROP PRODUCTION SERVICES INC. VS. PLAINTIFF NO. 6:14-cv-6031 RTD CLS FARMS, LLC, LYNN SIMMONS and CHRIS SIMMONS DEFENDANTS DEFAULT JUDGMENT Pending before the Court is Plaintiff’s First Amended Motion for Entry of Default Judgment (doc. 11). After review of the Motion and its file, and after considering applicable law, the Court finds the Amended Motion (doc. 11) should be GRANTED, the original Motion (doc. 8) DENIED AS MOOT, and concludes as follows: 1. This Court has jurisdiction of the subject matter of, and parties to, this action, and venue is proper. 2. Plaintiff’s Complaint was filed herein on March 7, 2014. 3. As evidenced by affidavits of service on file with this Court, Plaintiff’s Complaint was served on Chris Simmons and Lynn Simmons on April 10, 2014, and on CLS Farms, LLC, on April 24, 2014. 4. Plaintiff’s Motion seeks a default judgment against Separate Defendant Lynn Simmons. Lynn Simmons has failed to plead or otherwise defend and respond to Plaintiff’s Complaint within the time allowed by F.R.C.P. 12(a). Plaintiff filed an affidavit in support of default on June 2, 2014, and the U.S. District Clerk entered default against Lynn Simmons on the same day. 5. Plaintiff has submitted an Affidavit of Maribeth McConal establishing the amount of Plaintiff’s damages to be $113,366.15. Plaintiff also submitted an Affidavit of its counsel, John Mark Stephens, establishing attorney’s fees and costs in the amounts of $4,532.38 and $699.77, respectively. No additional affidavit or hearing under oath regarding the amount of damages is necessary. IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that Plaintiff, Crop Production Services, Inc., should be, and is hereby, awarded judgment against Separate Defendant, Lynn Simmons, in the amount of $113,366.15, plus attorney’s fees and costs in the amounts of $4,532.38 and $699.77, together with post-judgment interest at the rate of .11% per annum on all of the foregoing as allowed by law, for all of which execution and garnishment may immediately issue. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson UNITED STATES DISTRICT JUDGE DATE: October 29, 2014 2

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